Reshaping the role of the tribunal as third party in australian workplace conflict resolution

Abstract

In common with courts and tribunals in other developed countries, Australia has experienced the rise of the self-represented litigant. This chapter examines innovations in the approaches taken by the Australian Fair Work Commission (FWC), the national employment relations tribunal, in responding to the growing number of self-represented employers and employees appearing before it or seeking redress. In particular, the chapter explores and discusses the shift towards alternative dispute resolution (ADR) and an increasing number of self-help initiatives in the context of the growing individualization of the Australian labour market and the consequent rise of self-represented litigants before the tribunal. These changes are reshaping the role of the tribunal as a third party in Australian workplace conflict resolution.